Sir Madhavan Nair:-

This is an appeal by the plaintiff-appellant against a judgment and decree of the High Court of Judicature at Lahore, dated 29th March 1944, which reversed a decree of the Court of the Subordinate Judge, First Class, Lahore, dated 30th November 1943, and dismissed the suit.

[2] The appeal arises out of a suit for specific performance of an agreement for sale of property situate in the town of Lahore, known as the "Cinema property." The agreement was executed by Ram Jas defendant 3 (respondent 4) for himself, and as proprietor, Pahlad Das and Bhagwan Das, in favour of the appellant through his broker Dina Nath Sodhi, and was dated 12th July 1942. The property was to be sold for Rs. 6,50,000.

[3] The material terms of the agreement are found in the letter written by the broker to Ram Jas. The terms mentioned in that letter are as follows:

1. That the property will be conveyed to my customer free of all encumbrances, charges, liens, attachments and all other defects of titles whatsoever.

2. This offer is subject to your immediate acceptance.

3. A cheque for rupees one lac by way of earnest money will be issued in favour of the person or persons to be named by the attachi